Sikandar v. Ashwani Kumar (Commissioner) & ORS.
$~208 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1823/2025 SIKANDAR .....Petitioner Through:
Mr. Vikas Sharma, Advocate.
versus ASHWANI KUMAR (COMMISSIONER) & ORS......Respondents Through:
Ms. Vidhi Jain, Advocate for MCD/R-1 to R-3.
Ms. Kadambini Sharma, SPC for UOI for R-4.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 01.12.2025 1.
This hearing has been done through hybrid mode. CM APPL. 75284/2025(Exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. CONT.CAS(C) 1823/2025 3.
The present petition under Sections 11/12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, seeks the following prayers:- "a) initiate contempt proceedings against the Respondents as per law and they all be bound down to obey the Order dated 15.07.2025 passed in WP(C) No. 8949 /2025, of this Hon'ble Court.; b) restrain the Respondent No. 5 to 8 from carrying out any further construction activities in the subject property bearing NO. A-2, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi110030, by issuing appropriate directions to the Respondents No. 1, 2, 3 to seal the premises/property in question bearing No. A-2, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi- 110030; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
c) pass any other order/s which this Hon'ble Court may deem fit and proper in the facts and circumstances of case and in the interest of justice."
4.
The previous contempt petition filed on behalf of petitioner, being CONT.CAS(C) 1179/2025, was disposed of by learned Single Judge of this Court vide order dated 08.10.2025, by observing as under: - "15. Perusal of the aforesaid Status Report shows that the MCD has already initiated action against the property in question and that the next program for action has been fixed for 22nd October, 2025.
16. Accordingly, the MCD is enjoined upon to take action against the unauthorized construction existing in the property, in accordance with law.
17. In case, the subsequent purchasers of the property in question from respondent no. 5 have any grievance with the demolition action taken by the MCD, or the demolition order having been passed by the MCD, they are at liberty to seek their remedies in accordance with law, including, filing an application for regularization of the existing structure."
5.
Learned counsel appearing on behalf of the MCD, on advance notice, has handed up in Court today a communication addressed to the SHO P.S. Mehrauli dated 23.10.2025, wherein it has been recorded that on 22.10.2025 necessary action was taken and the concerned SHO was directed to keep a strict vigil on the aforesaid property. It is pointed out that the next action is scheduled for 24.12.2025.
6.
In view of the above, the present petition is disposed of with directions that MCD shall take action in accordance with law and in case of any further unauthorised construction, necessary steps shall be taken in accordance with law.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J DECEMBER 01, 2025/sn/db The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.